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for the people here, judge. >> judge jeanine: that's great. let me ask you a question. with so many law enforcement agencies on this. the shootout in watertown. >> reporter: right. >> judge jeanine: dhokhar is bleeding and one block behind the perimeter. wouldn't there be a trail to his location whether he is one block beyond or not? >> there was some what of a trail to his location and that is how he was spotted. the homeowner came out to smoke a cigarette and notice that there was a door to the shed open and there was bloody clothes and blood stains going into the boat where the shrink wrap over the top of the boat was disturbed. the individual picked up the shrink wrap and saw him and backed off and called 911. why there wasn't a larger or longer blood trail i can't answer that. >> judge jeanine: thank goodness for the thermal sensorring from the helicopters as well as a very alert woman who notice or the man who noticed that there was some blood around the boat. mike tobin, thanks so much. and now to catherine herridge, fox news chief intelligence correspondent. catherine, what do w
process ahead of us. with a former united states attorney general, the nation's chief law enforcement officer, michael mukasey, who was chief judge in the southern district of new york, presided over the blind sheik trial as well as the jose padilla case. good evening, judge. >> good evening, judge. >> good to have you back, judge. >> today we heard there will be no charges filed against the younger brother dzhokhar. how long can the justice department wait to file charges? >> they can wait really as long as they'd like. the fact is that he -- the only down side for them is the possibility that any statement that he makes might not be able to be used at trial. they've got so much evidence, including his own confession to the person whose car he carjacked, that the likely they need any statement from him as evidence in the trial is remote. >> right. you know, judge, a lot of people h ve been talking about miranda, the public safety exception. i don't want to spend a lot of time on that. but, you know, when the police announced that the public threat was over, once dzhokhar was taken in
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